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based on no
otherns ho SİKO MASAM that the pivot 19 was so stern to rim considerably. E big drop. There was no here that pivot was, so that any on the position of the pivot is scertained premises. The Assessors say that the stern might rise one to two inches for every foot which the bows dropped and it requiris no mathematician to know that if the pivot were astera of amidships, the stern would not necessarily rise the same height as the bows dropped, though both would move through the same angle. I therefore see nothing impro- bable in the Skramsład travelling, in the circumstances, a distance of even half a mile astern in about twenty minutes, which is at the rate of about one and a half miles an hour, her engines being at full speed astern all the time. There was another point which appel- lants' counsel strove to make, and that was that the statement of the master of the Skramstad
THE HONGKONG WEEKLY PRESS.
ma charge having been explained prisoner, he pleaded guilty.
His Lordship, in passing sentence, said the prisoner was only 17 years of age and he sup- posed the other man was bigger and stronger The latter had provoked him. Although the knife happened to sever the jugular vein and that can-ed the man's death, his Lordship did not think the prisioner ever intended to kill bim. But the use of a knife, even a small one, must be punished severely. His Lordship thought the justice of the case would be met by sentencing him to be imprisoned with hard | labour for 5 years.
FORGED BANK-NOTES.
Chan Fuk, an elderly Chinaman, was charged with having been in nolawful possession on 3rd May of 22 forged bank-notes for $10 each and 6 forged bank-notes for $5 each, all purporting to be notes of the Hongkong and Shanghai Bank, The following jury was empanelled :-MessrZ.
the hơper that he wou
MOBE FORGED FOTER Pang Yeo Chuo, an old; Chinaman, was charged with having on 2nd June been în unlawful possession of 26 forged 85 notes par-
the Hongkong and Shanghai Bank. porting to be notes of the Penang Branch of
Acting Inspector Dymond deposed that on the day in question he with several constables went to the prisoner's house to search for dangerous goods under a search warrant. While searching the house, in which a quantity. of dynamite was discoverel, a box was opened in which were found 18 85 notes in one roll. and other 6-85 notes under the lining of the lid. The box was taken to the Police Station and the notes were discovered to be bad. Other 2 had notes were found in the prisoner's pouch,
Corroborative evidence was given, : along with one good one.
that he saw the Perla's red light just aft-r the J. Gregory,, Y. M. dé Graçı, Y. M. da Rocha,kng and Shanghai Bank. went into the
Tai-cheong had run into the Skramstad was only possible if the Tui-cheong's narrative were adopted. I do not agree. According to the Skramstad's narrative, the three vessels were on almost parallel courses, the Perla and the Tai-cheong both showing red to the Skram- stud's red. However, much the transverse movement to port of the Tai-cheong may have obscured the red of the Perla during that movement (I do not say that it did), it is quite possible and very probable that, when that movement had been ended by the collision, those où, the Skramstad could and did see the port light of the Perla before the Perla impinged against the Tui-cheong and just after the Tai-cheong had struck the Skramstad. Whether the Perla kept on her course, or starboarded, her helm or ported her helm is not known and is immaterial." At the time of the collision the Perla was hundreds of yards distant from the place of collision, and even if she starboarded her helm just after the collision had occurred, her red light would have been visible for some moments to those on board the Skramstad, which had her helm hard-a-port. For these reasons and for those given by the Chief Justice, I am of opinion that this appeal should be dismissed with costs.
Mr. Morgan Phillips-Then the appeal will be dismissed with costs?
The Chief Justice-Yes, ́ ́ Mr. Morgan Phillips-I would ask your Lord- ship to state that exhibits be detained in Court. The Chief Justice-Of course they will be. We do not give up any of the exhibits until we see what is going to happen.
The Court rose.
Wednesday, 18th June.
'
IN CRIMINAL JURISDICTION.
BEFORE HIS HONOUR W. MRIGH GOODMAN (CHIEF JUSTICE).
}
THE CALENDAR.
The calendar was a light one, comprising only four cases, implicating six persons. The most serions charge was one of manslaughter; two men were charged with being in possession of forged bank-notes; and three with robbery with violence.
MANSLAUGHTER.
Li Choi was charged with having on 4th June caused the death of a coolie, Chau- Shan,
The Acting Attorney-General (Hou, A. G. Wise) stated to the Court that he had decided not to empanel the accused on the capital charge but to limit the indictment to that of man- slaughter. His Lordship would doubtless have read the details of the case.
|
C. E. P. Herbst A. Gascoigne, H. W. Fortes- quieu and G. W. Gegg.
Sergeant A. Terrett deposed that on the date in question, in consequence of information re- ceived, he arrested the accusd and sea ched In his sleeve he found a bundle him. which when examined at the Central Police Station was discovered to contain the notes men- tioned, made up into four parcels. The notes were mostly new, and in the bundle was found a small slip of paper bearing the Chinese characters for “make old.”
By his Lordship-The accused was a man who supplied food to the cooks on board the much a Canton steamer Kongnam at so month.
R. C. Edwards, assistant, Hongkong and Shanghai Bank, gave evidence regarding the falseness of the notes. He could tell that by the thickness of the paper and also by the signatures and several smaller discrepancies.
were
By his Lordship-The $10 notes apparently all the work of one hand, and the same remark applied to the $5 notes.
At the conclusion of his evidence the witness asked that the notes be sent to the Bank to be stamped" forged."
His Lordship said that that would be done later on.
Other evidence was led.
The prisoner's defence was that a man in Canton told him to bring the notes down to Hoogkong, giving him 2) cents for doing so. He did not know whether the notes were good or bad. He often' brought down letters from Canton for this man.
His Lordship in addressing the jury, said that it was obvious that there were a number of people engaged in the nefarious practice of forging bank-notes in the neighbourhood. To carry on thefr operations in Hongkong would be dangerous, and they therefore had to go to some outside place for that purpose. To put the false notes in circulation in Hongkong, it was necessary to have emissaries to bring them here. Undoubtedly in this case they had before them a man who by his own showing and on his own admission did bring into the Colony a number of these forged notes. not given, any information, however, as to the person to whom he was carrying the notes. Instead of at once when he was arrested giving such information, he would not say who the consignee was; and in that case he could hardly complain if they drew the inference that he was bringing down the notes for himself. That was a fair and not an undue inference.
The jury, without retiring, verdict of guilty.
:
He had
returned a
B. C M. Johnston, assistant cashier, Hong-.
witness-box and deposed that the notes were bad. The signatures were not genuine.
On being asked if he had any explanation to offer, the prisoner stated that he got the notes from a friend in Singapore. He was not sure where that friend lived. He did not know that the notes were bad and he did not think the police should arrest him when he had not attempted to pass any of the notes,
The jury found the prisoner guilty.
His Lordship, in passing sentence of 7 years hard labour, stated that he intended to punish with severity everybody connected in any way with bringing into the Colony or putting into currency forged notes. If the prisoner would give any information about this friend from whom he said he got the notes the police would deal with him when he came here.
VIOLENT ROBBERY,
Sa Ng, Pan Wa and Tsang Tak were charged with having assaulted a man in a house at 39, Elgin Street, and stolen clothing of the value of $4.
The Acting Attorney-General stated thit, on the day mentioned, the accused 'entered' this house, of which the complainant had been left in charge. After making some advan· ces towards him, asking him for a smoke and so forth, two of the robbers seized and gagged him while the other took the clothing from a bamboo. In spite of the gag, the complainant managed to cry out "save life, and the three men made off. One was caught as he was running off, the others subseque tly.
His Lordship, in passing sentence, said the attack made by the prisoners upon the com. plainant was a cowardly one and executed for $4 worth of property. Possibly they thought. there was more there but could find nothing else. They would each have to undergo & years' imprisonment with hard labour and be flogged with a birch, each receiving 20 strokes within the first 6 months of his imprisonment.
The Court rose.
According to the Osaka Asahi, two Formosan aborigines who were arrested in the Hosan province were recently senteno d to death for having murdered a policeman. In the course of the trial, they stated that they committed the crime merely for a joke and had no evil purpose behind it. They saw the policeman coming up while they were resting on the road-side, and in an instant their desire to murder him resulted in the deed being dope. But they took nothing from their victim; they did not steal anything, but only killed him. On being asked if they His Lordship, in passing sentence, said he were not aware of the gravity, of the crime had not the slightest doubt that this was one of committed, the prisoners replied that during the persons engaged in bringing into the the time of the Chinese régime the murder of Colony a large number of notes, knowing them. Hakka was regarded as the rendering of good ``The Acting Attorney-General reviewed the to be false. It was quite possible that the per- service by a tribesman, and they were accustom- circumstances of the case, which have already son at this end who received the notes or those ed to murder the Hakkas în competition with been fully published. The prisoner had lent at the other end from whom he got them each other. It was only after the Japanese
cents to the deceased man, who finally be, were worse than he was; but he himself come to the island that they had heard that the came possessed of 20 cents by gambling and was doing a very wicked thing in bringing murder of a man was considered a bad died.” In
eed to repay the loan. But a quarrel arose. forged notes into the Colony. His Lordship | reply to a question as to whether they
in committing murder, the prisoners ased challenged the prisoner to fight thought it was necessary to make an ex- it is alleged, struck him on the stomach, ample of him, and he would pass sentence | in the amrmative—they felt very bapp The prisoner, thereupon drew a small knife and of 7 years' imprisonment with hard labour. The is the first occasion on which one of "the nhoci aimed blow at the other man, striking | maximum punishment for this offence was 14 gines has been sentenced to capital punishment
years. His Lordship would give him half the' since the Japanese took over Form him on the jugular vein, causing his death.
His Lordship said he understood that the prisoner, had been provoked by the other man' to some extent.
DPY